this post was submitted on 18 Mar 2025
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[–] kreskin@lemmy.world 5 points 2 days ago (2 children)

Well we can google what is a war crime.

Lets do that:

What qualifies as a war crime?

A war crime, a serious violation of international humanitarian law, is a breach of the laws or customs of war committed in the context of an armed conflict, whether international or non-international, and can lead to individual criminal responsibility.

Here's a breakdown of what qualifies as a war crime: Key Elements:

Context: War crimes always occur within the context of an armed conflict, whether international (between states) or non-international (internal conflicts).

Violation of International Law: They involve serious breaches of the laws and customs of war, as defined in international treaties like the Geneva Conventions and the Rome Statute of the International Criminal Court.

Individual Responsibility: Perpetrators of war crimes incur individual criminal responsibility under international law.

Examples of War Crimes: Attacks Against Civilians: Intentionally directing attacks against the civilian population or civilian objects.

Torture and Cruel Treatment: Inflicting torture, cruel treatment, or inhuman treatment on prisoners of war or civilians.

Taking Hostages: Taking hostages.

Pillaging: Pillaging or looting property.

Sexual Violence: Rape, sexual slavery, forced pregnancy, or any other form of sexual violence.

Use of Prohibited Weapons: Using weapons that cause unnecessary suffering or are prohibited by international law, such as chemical weapons or cluster munitions.

Disregard for the Wounded and Sick: Attacking medical personnel, facilities, or transports, or preventing them from carrying out their duties.

Deportation or Transfer of Populations: Forcibly deporting or transferring populations from their homes.

Use of Child Soldiers: Enlisting or using children under the age of 15 in armed conflict.

Killing or Wounding Surrendered Combatants: Killing or wounding combatants who have surrendered or are hors de combat (out of action).

Important Considerations:

Proportionality:

Military actions must be proportionate, meaning the harm caused to civilians and civilian objects must not be excessive in relation to the anticipated military advantage.

Distinction: Military actions must distinguish between civilians and combatants, and between military objectives and civilian objects.

Necessity: Military actions must be necessary to achieve a legitimate military objective and should not cause unnecessary suffering.

Humanity: Military actions must be conducted with humanity and should avoid unnecessary suffering.

[–] AA5B@lemmy.world 3 points 2 days ago (1 children)

Which of those did Biden commit?

[–] kreskin@lemmy.world -3 points 2 days ago

I'll just block you instead. You clearly arent worth the time for me or anyone else to reply to.

[–] futatorius@lemm.ee 0 points 2 days ago (1 children)

What US military action has taken place in Gaza?

Let me help you: none. The US has supported a state that is committing war crimes. Show me where in international law that is defined as a war crime.

[–] kreskin@lemmy.world 0 points 1 day ago (1 children)

the United States signed the Arms Trade Treaty (ATT) on September 25, 2013, which establishes common standards for the international trade of conventional weapons and aims to prevent transfers that could fuel genocide, war crimes, and other human rights abuses.

Article 6 addresses explicitly prohibitions against arms transfers that would be contrary to international legal obligations, or where the State knows the arms would be used in the commission of genocide, crimes against humanity and certain war crimes. This provision sets a clear benchmark to allow States parties to effectively and consistently implement these prohibitions.

https://legal.un.org/avl/ha/att/att.html

In the 1949 geneva conventions, referred to as the IHL, signed by the US: War crimes – serious violations of international humanitarian law that include wilful killings, direct attacks on civilians, torture, use of prohibited weapons, the murder or ill-treatment of prisoners of war or others who have been captured, surrendered or injured and crimes of sexual violence.

Crimes against humanity – crimes committed as part of a widespread or systematic attack by or on behalf of a state or an organization against a civilian population during peace or wartime. There are 11 crimes against humanity including murder, extermination, enslavement, deportation or forcible transfer of a population, torture, rape and other serious forms of sexual violence, enforced disappearance and apartheid. Crimes against humanity may be committed in armed conflict or in peacetime.

Genocide – certain acts committed with the intent to destroy, completely or partially, a national, ethnic, racial or religious group. Genocide may be committed in armed conflict or in peacetime.

In Us law Biden violated the Leahy act and the arms export control act.

Glad I could help you out and make you better informed. Also check these.

https://www.amnestyusa.org/press-releases/amnesty-international-warns-of-u-s-complicity-in-war-crimes-in-gaza/

https://www.commondreams.org/opinion/us-weapons-to-israel

[–] futatorius@lemm.ee 0 points 1 day ago* (last edited 1 day ago) (1 children)

You're listing laws, many of which could apply to Israel's conduct in Gaza. But when it comes to direct actions that the US took under Biden, you only cite the Leahy Act and the Arms Export Control Act, neither of which is international law, and the breach of neither of which constitutes genocide (though it's undeniable that the US's actions contribute to genocide). And the enforcement of both the Leahy Act and the ACDA is a joke. The Leahy Act forbids the US government from supplying arms to nations that the US Department of State finds to be abusing human rights. In other words, it's the US policing itself. Simlarly, the AECA gives the President the power to require that recipients of US armaments are allowed to use them only for "legitimate self-defense." And the President gets to decide who that is and what constitutes a breach.

Unless you are arguing that, according to international law, anyone involved in the arms trade is guilty of genocide if someone it sells to commits genocide? OK, then how many prosecutions have occurred for cases like that that the Hague? I'd like to see the international system work like that, but it doesn't. As best I can tell, that number is zero.

Glad I could help you out and make you better informed.

It's not a good look to be patronizing when you don't know what you're talking about. Your whole line of argument is nothing but begging the question.

[–] kreskin@lemmy.world 1 points 8 hours ago

You’re listing laws, many of which could apply to Israel’s conduct in Gaza.

Now you're just misdirecting and basically lying so you dont have to admit you're wrong. I was talking about the US, as you well know. When the US signs onto a treaty against genocide and break that treaty, our legal system considers that breaking the law.

You're just a centrist who cant admit they stood for genocide, or you're a zionist. Either way not worth the time to continue to engage with if you cant represent yourself with some honesty.